The Tribunal allowed a transfer petition to move a pending special appeal from DRT-II Kolkata, where no Presiding Officer was posted, to DRT-1 Kolkata for disposal.
Transfer of S.A. No. 194 of 2022 from DRT-II Kolkata to DRT-1 Kolkata for disposal.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Transfer Petition No. 28 of 2023
(Arising out of SA No.194 of 2022 in DRT-II Kolkata)
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
24.11.2023
Punjab National Bank & Anr.
….. Respondents
For Appellant : Mr. D. Basu Ray, ld. Advocate. Ms. S. Basu, ld. Advocate. For Respondents : Mr. Debasish Chakraborty, ld. Advocate.
THE APPELLATE TRIBUNAL :
Affidavit of service filed by the appellant is taken on record. Respondents are represented through their advocate.
Heard learned counsel for the parties and perused the records.
Learned counsel for the appellant submits that S.A. No. 194 of 2022 was filed before the learned DRT-II Kolkata which is pending. Learned counsel submits that auction sale was fixed on 17.11.2023. Learned counsel for respondents submits that no bid received. Learned counsel for the appellant further submits that DRT-II Kolkata is lying vacant. No Presiding Officer is posted there, even charge was not assigned to any other Presiding Officer. Hence, the matter may be transferred to any other DRT having jurisdiction.
Having considered the submission made by the learned advocate for the appellant, I found that S.A. No. 194 of 2022 is pending before learned DRT-II Kolkata. Earlier charge was assigned to Presiding Officer, DRT-Siliguri, but that too expired on
31.08.2023. Thereafter charge of DRT-II Kolkata was not assigned to any other DRT.
In such circumstances, I found it appropriate that S.A. No. 194 of 2022 be recalled from the file of DRT-II Kolkata and transfer to any other DRT having jurisdiction. Accordingly, transfer petition is liable to be allowed.
O R D E R
Transfer Petition No. 28 of 2023 is allowed. S.A. No. 194 of 2022 pending before DRT-II Kolkata is recalled and transfer to DRT-1 Kolkata for disposal in accordance with law. No costs.
File be consigned to record room.
Copy be also forwarded to the appellant and respondent also to the concerned DRT.
Copy of the judgement/Final Order be uploaded in the Tribunal’s website.
Order dictated, signed and pronounced by me in the open Court on this the 24 day of November, 2023.
(Anil Kumar Srivastava, J) Chairperson
Dated : 24.11.2023 01 /pkb
1 issue framed by the court
Whether transfer of a pending special appeal from a vacant Debts Recovery Tribunal to another Tribunal with jurisdiction is appropriate.
Punjab National Bank & Anr.
Unnamed Respondent
Anil Kumar Srivastava
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
